HB 0025

1
A bill to be entitled
2An act relating to health care practitioners; amending s.
3456.072, F.S.; providing that failure of a health care
4practitioner to comply with the terms of a monitoring or
5treatment program for impaired practitioners is an
6additional ground under which the practitioner is subject
7to discipline by the Department of Health or the board
8having jurisdiction over the practitioner; reenacting ss.
9457.109(2), 458.331(2), 459.015(2), 460.413(2),
10461.013(2), 462.14(2), 463.016(2), 464.018(2), 465.016(2),
11466.028(2), 467.203(2), 468.1295(2), 468.1755(1)(a) and
12(2), 468.217(2), 468.365(2), 468.518(2), 468.719(2),
13468.811(2), 478.52(2), 480.046(2), 483.825(2),
14483.901(6)(h), 484.014(2), 484.056(1)(a) and (2)(a),
15486.125(2), 490.009(2), and 491.009(2), F.S., relating to
16health care practice acts and similar regulatory
17provisions, to incorporate the amendment to s. 456.072,
18F.S., in references thereto; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Paragraph (gg) is added to subsection (1) of
23section 456.072, Florida Statutes, to read:
24     456.072  Grounds for discipline; penalties; enforcement.--
25     (1)  The following acts shall constitute grounds for which
26the disciplinary actions specified in subsection (2) may be
27taken:
28     (gg)  Being terminated from a treatment program for
29impaired practitioners, which is overseen by an impaired
30practitioner consultant as described in s. 456.076, for failure
31to comply, without good cause, with the terms of the monitoring
32or treatment contract entered into by the licensee.
33     Section 2.  For the purpose of incorporating the amendment
34made by this act to section 456.072, Florida Statutes, in a
35reference thereto, subsection (2) of section 457.109, Florida
36Statutes, is reenacted to read:
37     457.109  Disciplinary actions; grounds; action by the
38board.--
39     (2)  The board may enter an order denying licensure or
40imposing any of the penalties in s. 456.072(2) against any
41applicant for licensure or licensee who is found guilty of
42violating any provision of subsection (1) of this section or who
43is found guilty of violating any provision of s. 456.072(1).
44     Section 3.  For the purpose of incorporating the amendment
45made by this act to section 456.072, Florida Statutes, in a
46reference thereto, subsection (2) of section 458.331, Florida
47Statutes, is reenacted to read:
48     458.331  Grounds for disciplinary action; action by the
49board and department.--
50     (2)  The board may enter an order denying licensure or
51imposing any of the penalties in s. 456.072(2) against any
52applicant for licensure or licensee who is found guilty of
53violating any provision of subsection (1) of this section or who
54is found guilty of violating any provision of s. 456.072(1). In
55determining what action is appropriate, the board must first
56consider what sanctions are necessary to protect the public or
57to compensate the patient. Only after those sanctions have been
58imposed may the disciplining authority consider and include in
59the order requirements designed to rehabilitate the physician.
60All costs associated with compliance with orders issued under
61this subsection are the obligation of the physician.
62     Section 4.  For the purpose of incorporating the amendment
63made by this act to section 456.072, Florida Statutes, in a
64reference thereto, subsection (2) of section 459.015, Florida
65Statutes, is reenacted to read:
66     459.015  Grounds for disciplinary action; action by the
67board and department.--
68     (2)  The board may enter an order denying licensure or
69imposing any of the penalties in s. 456.072(2) against any
70applicant for licensure or licensee who is found guilty of
71violating any provision of subsection (1) of this section or who
72is found guilty of violating any provision of s. 456.072(1). In
73determining what action is appropriate, the board must first
74consider what sanctions are necessary to protect the public or
75to compensate the patient. Only after those sanctions have been
76imposed may the disciplining authority consider and include in
77the order requirements designed to rehabilitate the physician.
78All costs associated with compliance with orders issued under
79this subsection are the obligation of the physician.
80     Section 5.  For the purpose of incorporating the amendment
81made by this act to section 456.072, Florida Statutes, in a
82reference thereto, subsection (2) of section 460.413, Florida
83Statutes, is reenacted to read:
84     460.413  Grounds for disciplinary action; action by board
85or department.--
86     (2)  The board may enter an order denying licensure or
87imposing any of the penalties in s. 456.072(2) against any
88applicant for licensure or licensee who is found guilty of
89violating any provision of subsection (1) of this section or who
90is found guilty of violating any provision of s. 456.072(1). In
91determining what action is appropriate, the board must first
92consider what sanctions are necessary to protect the public or
93to compensate the patient. Only after those sanctions have been
94imposed may the disciplining authority consider and include in
95the order requirements designed to rehabilitate the chiropractic
96physician. All costs associated with compliance with orders
97issued under this subsection are the obligation of the
98chiropractic physician.
99     Section 6.  For the purpose of incorporating the amendment
100made by this act to section 456.072, Florida Statutes, in a
101reference thereto, subsection (2) of section 461.013, Florida
102Statutes, is reenacted to read:
103     461.013  Grounds for disciplinary action; action by the
104board; investigations by department.--
105     (2)  The board may enter an order denying licensure or
106imposing any of the penalties in s. 456.072(2) against any
107applicant for licensure or licensee who is found guilty of
108violating any provision of subsection (1) of this section or who
109is found guilty of violating any provision of s. 456.072(1).
110     Section 7.  For the purpose of incorporating the amendment
111made by this act to section 456.072, Florida Statutes, in a
112reference thereto, subsection (2) of section 462.14, Florida
113Statutes, is reenacted to read:
114     462.14  Grounds for disciplinary action; action by the
115department.--
116     (2)  The department may enter an order denying licensure or
117imposing any of the penalties in s. 456.072(2) against any
118applicant for licensure or licensee who is found guilty of
119violating any provision of subsection (1) of this section or who
120is found guilty of violating any provision of s. 456.072(1).
121     Section 8.  For the purpose of incorporating the amendment
122made by this act to section 456.072, Florida Statutes, in a
123reference thereto, subsection (2) of section 463.016, Florida
124Statutes, is reenacted to read:
125     463.016  Grounds for disciplinary action; action by the
126board.--
127     (2)  The board may enter an order imposing any of the
128penalties in s. 456.072(2) against any licensee who is found
129guilty of violating any provision of subsection (1) of this
130section or who is found guilty of violating any provision of s.
131456.072(1).
132     Section 9.  For the purpose of incorporating the amendment
133made by this act to section 456.072, Florida Statutes, in a
134reference thereto, subsection (2) of section 464.018, Florida
135Statutes, is reenacted to read:
136     464.018  Disciplinary actions.--
137     (2)  The board may enter an order denying licensure or
138imposing any of the penalties in s. 456.072(2) against any
139applicant for licensure or licensee who is found guilty of
140violating any provision of subsection (1) of this section or who
141is found guilty of violating any provision of s. 456.072(1).
142     Section 10.  For the purpose of incorporating the amendment
143made by this act to section 456.072, Florida Statutes, in a
144reference thereto, subsection (2) of section 465.016, Florida
145Statutes, is reenacted to read:
146     465.016  Disciplinary actions.--
147     (2)  The board may enter an order denying licensure or
148imposing any of the penalties in s. 456.072(2) against any
149applicant for licensure or licensee who is found guilty of
150violating any provision of subsection (1) of this section or who
151is found guilty of violating any provision of s. 456.072(1).
152     Section 11.  For the purpose of incorporating the amendment
153made by this act to section 456.072, Florida Statutes, in a
154reference thereto, subsection (2) of section 466.028, Florida
155Statutes, is reenacted to read:
156     466.028  Grounds for disciplinary action; action by the
157board.--
158     (2)  The board may enter an order denying licensure or
159imposing any of the penalties in s. 456.072(2) against any
160applicant for licensure or licensee who is found guilty of
161violating any provision of subsection (1) of this section or who
162is found guilty of violating any provision of s. 456.072(1).
163     Section 12.  For the purpose of incorporating the amendment
164made by this act to section 456.072, Florida Statutes, in a
165reference thereto, subsection (2) of section 467.203, Florida
166Statutes, is reenacted to read:
167     467.203  Disciplinary actions; penalties.--
168     (2)  The department may enter an order denying licensure or
169imposing any of the penalties in s. 456.072(2) against any
170applicant for licensure or licensee who is found guilty of
171violating any provision of subsection (1) of this section or who
172is found guilty of violating any provision of s. 456.072(1).
173     Section 13.  For the purpose of incorporating the amendment
174made by this act to section 456.072, Florida Statutes, in a
175reference thereto, subsection (2) of section 468.1295, Florida
176Statutes, is reenacted to read:
177     468.1295  Disciplinary proceedings.--
178     (2)  The board may enter an order denying licensure or
179imposing any of the penalties in s. 456.072(2) against any
180applicant for licensure or licensee who is found guilty of
181violating any provision of subsection (1) of this section or who
182is found guilty of violating any provision of s. 456.072(1).
183     Section 14.  For the purpose of incorporating the amendment
184made by this act to section 456.072, Florida Statutes, in
185references thereto, paragraph (a) of subsection (1) and
186subsection (2) of section 468.1755, Florida Statutes, are
187reenacted to read:
188     468.1755  Disciplinary proceedings.--
189     (1)  The following acts constitute grounds for denial of a
190license or disciplinary action, as specified in s. 456.072(2):
191     (a)  Violation of any provision of s. 456.072(1) or s.
192468.1745(1).
193     (2)  The board may enter an order denying licensure or
194imposing any of the penalties in s. 456.072(2) against any
195applicant for licensure or licensee who is found guilty of
196violating any provision of subsection (1) of this section or who
197is found guilty of violating any provision of s. 456.072(1).
198     Section 15.  For the purpose of incorporating the amendment
199made by this act to section 456.072, Florida Statutes, in a
200reference thereto, subsection (2) of section 468.217, Florida
201Statutes, is reenacted to read:
202     468.217  Denial of or refusal to renew license; suspension
203and revocation of license and other disciplinary measures.--
204     (2)  The board may enter an order denying licensure or
205imposing any of the penalties in s. 456.072(2) against any
206applicant for licensure or licensee who is found guilty of
207violating any provision of subsection (1) of this section or who
208is found guilty of violating any provision of s. 456.072(1).
209     Section 16.  For the purpose of incorporating the amendment
210made by this act to section 456.072, Florida Statutes, in a
211reference thereto, subsection (2) of section 468.365, Florida
212Statutes, is reenacted to read:
213     468.365  Disciplinary grounds and actions.--
214     (2)  The board may enter an order denying licensure or
215imposing any of the penalties in s. 456.072(2) against any
216applicant for licensure or licensee who is found guilty of
217violating any provision of subsection (1) of this section or who
218is found guilty of violating any provision of s. 456.072(1).
219     Section 17.  For the purpose of incorporating the amendment
220made by this act to section 456.072, Florida Statutes, in a
221reference thereto, subsection (2) of section 468.518, Florida
222Statutes, is reenacted to read:
223     468.518  Grounds for disciplinary action.--
224     (2)  The board may enter an order denying licensure or
225imposing any of the penalties in s. 456.072(2) against any
226applicant for licensure or licensee who is found guilty of
227violating any provision of subsection (1) of this section or who
228is found guilty of violating any provision of s. 456.072(1).
229     Section 18.  For the purpose of incorporating the amendment
230made by this act to section 456.072, Florida Statutes, in a
231reference thereto, subsection (2) of section 468.719, Florida
232Statutes, is reenacted to read:
233     468.719  Disciplinary actions.--
234     (2)  The board may enter an order denying licensure or
235imposing any of the penalties in s. 456.072(2) against any
236applicant for licensure or licensee who is found guilty of
237violating any provision of subsection (1) of this section or who
238is found guilty of violating any provision of s. 456.072(1).
239     Section 19.  For the purpose of incorporating the amendment
240made by this act to section 456.072, Florida Statutes, in a
241reference thereto, subsection (2) of section 468.811, Florida
242Statutes, is reenacted to read:
243     468.811  Disciplinary proceedings.--
244     (2)  The board may enter an order denying licensure or
245imposing any of the penalties in s. 456.072(2) against any
246applicant for licensure or licensee who is found guilty of
247violating any provision of subsection (1) of this section or who
248is found guilty of violating any provision of s. 456.072(1).
249     Section 20.  For the purpose of incorporating the amendment
250made by this act to section 456.072, Florida Statutes, in a
251reference thereto, subsection (2) of section 478.52, Florida
252Statutes, is reenacted to read:
253     478.52  Disciplinary proceedings.--
254     (2)  The board may enter an order denying licensure or
255imposing any of the penalties in s. 456.072(2) against any
256applicant for licensure or licensee who is found guilty of
257violating any provision of subsection (1) of this section or who
258is found guilty of violating any provision of s. 456.072(1).
259     Section 21.  For the purpose of incorporating the amendment
260made by this act to section 456.072, Florida Statutes, in a
261reference thereto, subsection (2) of section 480.046, Florida
262Statutes, is reenacted to read:
263     480.046  Grounds for disciplinary action by the board.--
264     (2)  The board may enter an order denying licensure or
265imposing any of the penalties in s. 456.072(2) against any
266applicant for licensure or licensee who is found guilty of
267violating any provision of subsection (1) of this section or who
268is found guilty of violating any provision of s. 456.072(1).
269     Section 22.  For the purpose of incorporating the amendment
270made by this act to section 456.072, Florida Statutes, in a
271reference thereto, subsection (2) of section 483.825, Florida
272Statutes, is reenacted to read:
273     483.825  Grounds for disciplinary action.--
274     (2)  The board may enter an order denying licensure or
275imposing any of the penalties in s. 456.072(2) against any
276applicant for licensure or licensee who is found guilty of
277violating any provision of subsection (1) of this section or who
278is found guilty of violating any provision of s. 456.072(1).
279     Section 23.  For the purpose of incorporating the amendment
280made by this act to section 456.072, Florida Statutes, in a
281reference thereto, paragraph (h) of subsection (6) of section
282483.901, Florida Statutes, is reenacted to read:
283     483.901  Medical physicists; definitions; licensure.--
284     (6)  LICENSE REQUIRED.--An individual may not engage in the
285practice of medical physics, including the specialties of
286diagnostic radiological physics, therapeutic radiological
287physics, medical nuclear radiological physics, or medical health
288physics, without a license issued by the department for the
289appropriate specialty.
290     (h)  The department may enter an order denying licensure or
291imposing any of the penalties in s. 456.072(2) against any
292applicant for licensure or licensee who is found guilty of
293violating any provision of subsection (1) of this section or who
294is found guilty of violating any provision of s. 456.072(1).
295     Section 24.  For the purpose of incorporating the amendment
296made by this act to section 456.072, Florida Statutes, in a
297reference thereto, subsection (2) of section 484.014, Florida
298Statutes, is reenacted to read:
299     484.014  Disciplinary actions.--
300     (2)  The board may enter an order denying licensure or
301imposing any of the penalties in s. 456.072(2) against any
302applicant for licensure or licensee who is found guilty of
303violating any provision of subsection (1) of this section or who
304is found guilty of violating any provision of s. 456.072(1).
305     Section 25.  For the purpose of incorporating the amendment
306made by this act to section 456.072, Florida Statutes, in
307references thereto, paragraph (a) of subsection (1) and
308paragraph (a) of subsection (2) of section 484.056, Florida
309Statutes, are reenacted to read:
310     484.056  Disciplinary proceedings.--
311     (1)  The following acts constitute grounds for denial of a
312license or disciplinary action, as specified in s. 456.072(2):
313     (a)  Violation of any provision of s. 456.072(1), s.
314484.0512, or s. 484.053.
315     (2)(a)  The board may enter an order denying licensure or
316imposing any of the penalties in s. 456.072(2) against any
317applicant for licensure or licensee who is found guilty of
318violating any provision of subsection (1) of this section or who
319is found guilty of violating any provision of s. 456.072(1).
320     Section 26.  For the purpose of incorporating the amendment
321made by this act to section 456.072, Florida Statutes, in a
322reference thereto, subsection (2) of section 486.125, Florida
323Statutes, is reenacted to read:
324     486.125  Refusal, revocation, or suspension of license;
325administrative fines and other disciplinary measures.--
326     (2)  The board may enter an order denying licensure or
327imposing any of the penalties in s. 456.072(2) against any
328applicant for licensure or licensee who is found guilty of
329violating any provision of subsection (1) of this section or who
330is found guilty of violating any provision of s. 456.072(1).
331     Section 27.  For the purpose of incorporating the amendment
332made by this act to section 456.072, Florida Statutes, in a
333reference thereto, subsection (2) of section 490.009, Florida
334Statutes, is reenacted to read:
335     490.009  Discipline.--
336     (2)  The department, or in the case of psychologists, the
337board, may enter an order denying licensure or imposing any of
338the penalties in s. 456.072(2) against any applicant for
339licensure or licensee who is found guilty of violating any
340provision of subsection (1) of this section or who is found
341guilty of violating any provision of s. 456.072(1).
342     Section 28.  For the purpose of incorporating the amendment
343made by this act to section 456.072, Florida Statutes, in a
344reference thereto, subsection (2) of section 491.009, Florida
345Statutes, is reenacted to read:
346     491.009  Discipline.--
347     (2)  The department, or, in the case of psychologists, the
348board, may enter an order denying licensure or imposing any of
349the penalties in s. 456.072(2) against any applicant for
350licensure or licensee who is found guilty of violating any
351provision of subsection (1) of this section or who is found
352guilty of violating any provision of s. 456.072(1).
353     Section 29.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.